Assessing Project Related Impacts to Migratory Birds

The Fish and Wildlife Service has a mandate and a trust responsibility to maintain healthy bird populations for the benefit of the American people

Why Birds Birds are indicators of ecosystem health  Occupy a diverse range of niches  Cost effective to monitor and track large changes to natural system  Management for birds protect many taxa

Birds are important indicators of our environmental health

 Birds are important to people Pest control Pollinators Recreation  48 million American “Birders”  $82 billion in total industry output

How is This Applicable to Your Organization? Federal Agencies have a responsibility to comply with the MBTA, BGEPA, and EO –Federal agencies may incur civil liability under the MBTA for ongoing or proposed actions that take birds –The Administrative Procedure Act (APA) allows a private party to request that a court enjoin an agency action that does not comply with the MBTA (injunctions usually last until the action is brought into compliance or dropped).

How is This Applicable to Your Organization? Private entities have a responsibility to comply with the MBTA and BGEPA Criminal cases against a private party for violating the MBTA can result in a misdemeanor or felony criminal charge FWS Law Enforcement can use discretion, especially when organizations are willing to work with FWS to avoid or minimize impacts of development

Assessing Project Related Effects Project effects should be assessed for all actions that the agency conducts, oversees, and/or funds Effect analyses should be part of any NEPA or other environmental review process FWS is available to assist with this process –early communication/coordination is encouraged & effective

Steps to Assessing Project Effects Pre-construction Assessments Identify Action Identify Conservation Measures Risk Assessment Post-construction Assessments Reporting

Identify the Action Project Activities Area of Influence Timeline

Pre-construction Assessments Preliminary Site Assessment Broad scale evaluation – landscape scale Look for site(s) with least environmental risk Use existing public or readily available data to identify Large blocks of intact/undisturbed habitat Areas of high value to wildlife (e.g., Important Bird Areas) Communicate early with appropriate Agencies

Pre-construction Assessments Goals Identify Species within Area of Influence o Including temporal and spatial distribution and abundance Identify type and quality of habitat within the project area Identify project-related stressors

Pre-construction Assessments Assessment of Effects Implement appropriate survey methodology Includes appropriate technique and duration and intensity of surveys Determine if MBTA, BGEPA, ESA applies Informs the appropriate consultation to undertake

What is the biggest decision to be made during the pre- construction site assessment? Group Discussion Decisions

Risk Assessments Evaluating potential effects resulting from project related stressors on the species and habitats identified during pre-construction assessments Identify Direct and Indirect effects Attempt to quantify: 1.Projected short- and long-term effects (direct and indirect) 2.Resulting effects from habitat loss, degradation, fragmentation

Direct Effects An effect that occurs at the same time and place Includes: mortality (take) and displacement Examples: Take of adults/nests during construction/habitat removal actions Electrocutions & Collisions Displacement due to habitat loss/disturbance EL Kershner

Indirect Effects An effect that occurs later in time than the action Can be hard to tease out from other perturbations Examples to consider: –Fragmentation –Avoidance –Barriers –Lighting –Noise

Cumulative Effects  Renewable Energy Development  Communication Towers  Buildings/Structures  Cats  Other industries  Other land uses

Goal of Assessments AVOID, MINIMIZE, and COMPENSATE any effects of development

Identify Conservation Measures Also called BMPs or Mitigation Measures Can be general or species/activity specific Implemented during pre-construction, construction, and operation phases

Avoidance – Project Siting Use disturbed lands to maximum extent practicable Minimize area of disturbance Minimize fragmentation of intact habitat blocks Avoid important migratory corridors or wintering areas Avoid features that attract birds (e.g., wetlands)

Seasonal Avoidance Avoid disturbing activities during the nesting season –Nesting season varies by species and area –Contact local Migratory Birds Office or Ecological Services Field Office –Clear vegetation a year prior to construction If activities cannot avoid nesting season: – Provide justification – Survey project area prior to construction – Establish work avoidance buffers

Minimization - Project Design Minimize lighting – motion sensors Minimize noise effects Minimize available perches and nesting structures that might attract birds Avoid use of guy wires on towers & other structures or clearly mark lines

Minimization Work Buffers Distances will vary Species tolerance Habitat type Work type (e.g., prolonged loud noise, short duration) Work with FWS on appropriate distances Avoidance buffer should be based on level of disturbance to a nesting bird Flushing distance where bird remains off nest? Biologist present during activities to ensure nest protection

Additional Measures Prevent release of non-native plants Minimize wildfire potential Erosion Control Minimize operational road traffic Nest Management plan Prepare HAZMAT plan Use of APLIC Guidelines for overhead utilities

Compensation - Habitat Restoration Minimize effects to bird habitat thru restoration On-site restoration for temporary disturbances Off-site restoration for permanent disturbances Use tools such as Habitat Equivalency Analysis

Post-Construction Monitoring Essential to validate pre-construction assessments Generally, monitoring takes two forms Fatality monitoring Monitoring of other effects

Post-Construction Fatality Monitoring Conducted when risk of mortality is possible or uncertain Evaluate all components of a project Evaluate temporal and spatial patterns of mortality

Post-Construction Monitoring of Other Effects Evaluating effects from habitat loss, degradation, fragmentation – Spatial and temporal distribution/abundance changes Demographic effects resulting from alteration of habitat – Reduced survival, productivity, etc

Post-Construction Assessment Compare pre- and post-construction data Were pre-construction assessments accurate? Did Conservation Measures Avoid or Minimize effects (Effectiveness Monitoring)? Are there additional/new measures that could further reduce effects?

Reporting It is essential that project proponents report findings –Share non-proprietary data (species info) –Documented mortality –Conservation Measure effectiveness

Essential To Success Adaptive Management Flexible decision making process when faced with uncertainty Allows adjustments as information is gathered Ideal for development of conservation measures

How should project proponents use Adaptive Management when implementing conservation measures? Group Discussion Conservation Measures

Bird Conservation Plans Negative impacts projected to birds and/or quality habitats Uncertainty of project effects to birds and/or habitats Project is sited in sensitive habitat or important bird use area Presence of birds of conservation concern

Bird Conservation Plans Plans are a tool… That provide an efficient mechanism for developers to document the decision making process Outline steps taken to avoid, minimize, and compensate impacts Demonstrates a developers “good faith” in striving to conserve birds

Class Exercise PROJECT EVALUATION Pre-construction Assessments Risk Assessment – Conservation Measures Post-construction Assessments